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IN THE MATTER OF:
MAD RIVER LLC
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”);
WHEREAS, Mad River is a Connecticut limited liability company that does not currently have a license for a general facility or limited facility;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Mad River to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that Mad River engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility, in violation of Section 36a-581(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Mad River, including proceedings to issue a cease and desist order against Mad River pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation on Mad River pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) of the Connecticut General Statutes;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, both the Commissioner and Mad River acknowledge the possible consequences of formal administrative proceedings, and Mad River voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained herein;
WHEREAS, Mad River herein represents to the Commissioner that it has not engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility since December 2010;
WHEREAS, Mad River specifically assures the Commissioner that the violation described herein shall not occur in the future;
WHEREAS, Mad River has submitted evidence demonstrating economic hardship, such that the Commissioner believes that Mad River is financially incapable of paying the full civil penalty that otherwise would have been assessed against Mad River;
AND WHEREAS, Mad River, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Mad River, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
|1.||No later than the date this Consent Order is executed by Mad River, Mad River shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of One Thousand Dollars ($1,000) as a civil penalty; and|
Mad River shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted.
NOW THEREFORE, the Commissioner enters the following:
|1.||The Sanctions set forth above be and are hereby entered;|
|2.||Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Mad River based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Mad River based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Mad River and reflected herein is subsequently discovered to be untrue;|
Nothing in the issuance of this Consent Order shall adversely affect the ability of Mad River to apply for or obtain a license or renewal license for a general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq. of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and
This Consent Order shall become final when issued.
Dated at Hartford, Connecticut
this 28th day of December 2011. ________/s/_________
Howard F. Pitkin
I, ____________________, state on behalf of Mad River LLC d/b/a Twin Stop, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Mad River LLC d/b/a Twin Stop; that Mad River LLC d/b/a Twin Stop agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Mad River LLC d/b/a Twin Stop voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
Mad River LLC d/b/a Twin Stop
State of: Connecticut
County of: Litchfield
On this the 20th day of December 2011, before me, Kelly Hayes, the undersigned officer, personally appeared Ali Nassari who acknowledged himself/herself to be the Owner of Mad River LLC d/b/a Twin Stop, a member managed/manager managed limited liability company, and that he/she as such Owner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as Manager.
In witness whereof I hereunto set my hand.
My Commission Expires: Feb. 28, 2014